LIQUOR THEFT

Waikato Times, Volume 126, Issue 21034, 9 February 1940, Page 6

LIQUOR THEFT

PRISONERS SENTENCED THREE YEARS’ PROBATION COMMENTS BY JUDGE Found guilty in the Supreme Court, Hamilton, yesterday on a charge of stealing liquor valued at £2O Is, the property of the Government, Alva Vernon McMinn, aged 28, labourer (Mr K. C. Aekins), George Thomas White, aged 34, bushman (Mr Aekins) and Jim Braithwaite, aged 30, mill worker (Mr W. J. King) were each admitted to three years’ probation when they appeared before Mr Justice Blair for sentence today. The offence took place on November 26, when liquor which had been confiscated disappeared from the Taumarunui police cell. “With the exception of a very minor offence some ten years ago, the reports show that Braithwaite has an unblemished record,” said His Honour. “I could only guess as to who was the prime mover in this offence, but I am inclined to think that it was not Braithwaite. It was quite likely McMinn, who on the Saturday afternoon showed an evident desire to obtain possession of the liquor confiscated from him. That desire might not be unconnected with the fact that the offence was schemed and carried out. However, I will not make any distinction in that respect. The jury has acquitted the men of a charge of breaking and entering, and there remains only the count of common theft, for which a maximum penalty of two years’ imprisonment is provided. Another Chance Warranted “Braithwaite is at times addicted to liquor, but at other times he is a good workman and a good citizen,” continued His Honour. “That is something in his favour. Looking at the matter from his point of view, it appears that he is deserving of another chance. He will be placed on probation, and it will be done in such a way that he will be saved from himself. I am sorry to see a man like him involved in this kind of thing, for it is not fair to himself or his wife and children. The term of probation will be three years on the usual conditions, and the special condition that he abstain from taking alcoholic liquor during the probationary period. In addition he will pay one third of the cost of the liquor, and will pay £lB 10s, being a third of the costs of the prosecution, to the Crown.” Of McMinn, His Honour said the man had a discreditable record, having one previous conviction for theft and several for sly-grog selling. White was in a similar position, also being well known in liquor offences in the district. However, the men would be placed on probation on the same terms as applied to Braithwaite. All the men would have to become teetotallers for the probationary period, because if they took liquor it would be a breach of the probation, and they would be liable to be brought before the Court and sentenced on the present charge.